We don't have the facts on this event. Despite all the waivers in the world that you sign, a company still has an obligation to inform the customer if conditions are not usual or normal, and they have to exercise due diligence and good judgment. Carnival could be vicariously liable through the legal theories of agency and respondent superior.
Do we know if the tour operator didn't carry out the duties listed above? No. Do we know anything other than anecdotal reports about rough water and so forth? No.
I didn't intend to start a big debate on tort reform. Nor did I say I felt a lawsuit should be filed, I just know they will be - and not just by the man who lost his wife. As some of you know, I've been close to being in his shoes.